demanding fees based on the outcome of the litigation and by quoting a certain % of the decretal amount or the value of the subject matter in dispute amounts to gross professional misconduct on the part of the advocate
this position has been settled by the Supreme Court as long back as in the year 1954
again in the case of B.Sunitha v. State of Telangana and Anr., the SC reiterated among other things that it is a professional misconduct by an advocate to charge his client based on the outcome of the litigation
this is a fit case for filing a complaint against the incumbent advocate to the Disciplinary Committee of the State Bar Council
please discharge this advocate and engage another advocate who can complete the pending formalities in your matter
or else you can also appear as a party in person
this is very unfortunate!
furthermore in your case the matter proceeded ex-parte which means there was essentially no contest and thus less efforts by the advocate...in other words the advocate would have done lesser work as opposed to a case in which the opponent appeared and resisted the suit
the subject of fees between the client and the advocate must always be agreed upon mutually
the advocate cannot unilaterally foist or thrust his demands for fee based on certain % on his client
there is a world of difference between an advocate and a property agent
an advocate is certainly not a property agent to demand a certain % from his client towards his fees based on the outcome of the litigation
as the advocate has committed such a professional misconduct and brought disrepute to the profession which is considered as one of the most noble profession, the Bar Council will most likely suspend his license to practice for a certain period or may revoke it altogether
